Public health nuisance

Council's Community Health Services may be able to assist residents with problems that are deemed to be public health nuisance.

What is a nuisance?

When something is annoying, it is easy to think of it as a nuisance. However, there is a difference between something that you find annoying and what can be legally classed as a 'nuisance'.

Under the Public Health and Wellbeing Act 2008, a nuisance applies to something that is, or is liable to be, dangerous to health.

Many nuisance complaints can be easily solved by approaching the owner/occupier in a neighbourly manner and discussing your concerns with them. It is important to consider that your neighbour may not even realise that the activity is causing a nuisance to you or other people.

In most cases a solution can be found between neighbours and should be sought prior to lodging a complaint with Maroondah City Council. This is usually the most effective way to resolve the situation. The Dispute Settlement Centre of Victoria has some good advice on how to approach your neighbour.

NOTE: All nuisance complaints lodged with Council for investigation are dealt with confidentially; however if the matter is serious enough you may be required to give evidence under oath before a Court, if proceedings are instigated.

Odour

A bad smell can be due to a public health risk, such as:

a broken sewer

abandoned garbage

stagnant swimming pool

lack of cleanliness with animal keeping.

On your neighbour's land

If you notice excessive odour coming from a neighbouring property, we recommend you first speak to the owner of the property and direct them to this page for information.

If the property owner doesn't take any measures to reduce the problem, you can contact Council's Community Health Services on 1300 88 22 33. In order for an investigation to occur, you will be asked to provide two weeks’ worth of odour logs. An Environmental Health Officer will assess your logs to determine if a nuisance exists and the best course of action to remedy it.

Safe and efficient ways to use a wood heater

On your neighbour's land

If you notice excessive heavy wood smoke coming from a neighbouring property, and it continues for more than 30 minutes, we recommend you first speak to the owner of the property and direct them to this page for information.

If the property owner doesn't take any measures to reduce the problem, you can contact Council's Community Health Services on 1300 88 22 33. In order for an investigation to occur, you will be asked to provide two weeks’ worth of odour logs. An Environmental Health Officer will assess your logs to determine if a nuisance exists and the best course of action to remedy it.

Maroondah City Council is committed to protecting your privacy as prescribed by the Privacy & Data Protection Act 2014 and the Health Records Act 2001. The information you provide on this form is being collected by Maroondah City Council for the strict purpose of conducting Council business. Your information will not be disclosed to any external party without your consent, unless Council is required or authorised to do so by law. Failure to provide the information requested may make you ineligible to receive the service or be part of an event/function that is the subject of this form. Any access to the information, amendments that may be required or any privacy enquiries may be directed to Council's Privacy Officer & Health Records Officer on 9298 4211 or email privacy@maroondah.vic.gov.au

Maroondah City Council is committed to protecting your privacy as prescribed by the Privacy & Data Protection Act 2014 and the Health Records Act 2001. The information you provide on this form is being collected by Maroondah City Council for the strict purpose of conducting Council business. Your information will not be disclosed to any external party without your consent, unless Council is required or authorised to do so by law. Failure to provide the information requested may make you ineligible to receive the service or be part of an event/function that is the subject of this form. Any access to the information, amendments that may be required or any privacy enquiries may be directed to Council's Privacy Officer & Health Records Officer on 9298 4211 or email privacy@maroondah.vic.gov.au